Hamdi vs Rumsfeld

Yaser Esam Hamdi, an American citizen, was captured in Afghanistan shortly after the terrorist attacks of September 11th. Hamdi was classified as an “enemy combatant” by the United States. His father filed a petition of Habeas Corpus that his fifth and fourteenth amendments were in violation. Although the petition did not specify on the actual circumstances of Hamdi’s capture and detention, the record indicated that Hamdi went to Afghanistan to do “relief work” less than two months before September 11th and could have not received military training. The Special Advisor to the Under Secretary of Defense for Policy, Michael Mobbs, issued a response, outlining the Government’s position. The district court found the “Mobbs Declaration” insufficient in supporting the Government’s case. The Mobbs Declaration provided details regarding Hamdi’s trip to Afghanistan, his affiliation with the Taliban during a time when the Taliban was battling U.S. allies, and lastly his surrender of an assault rifle. The District Court found that the Mobbs Declaration, standing alone, did not support Hamdi’s detention and ordered the Government to turn over numerous materials. The Fourth Circuit reversed, stressing that it was undisputed that Hamdi was captured in an active combat zone, no factual inquiry or evidentiary hearing allowed Hamdi to be heard or to rebut the Government’s claims were necessary or proper. If the Mobbs Declaration was accurate, it provided a sufficient basis upon which to conclude that the President had constitutionally detained Hamdi, the court ordered the habeas petition dismissed. The appeals court held that, “no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress”. This provides that The AUMF’s “necessary and appropriate force” language provided the authorization for Hamdi’s detention. Also that Hamdi is entitled only to a limited judicial inquiry into his detention’s rationality...

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HAMDI V. RUMSFELD
Name of case: Hamdi v. Rumsfeld
Date decided: June 24, 2004
Summary (facts) of case: Hamdi v. Rumsfeld was case brought to the United States which began in April 28, 2004. Hamdi was born in 1980. Originally residing in Louisiana where he was born, making him a United States citizen, he later moved with his family to Saudi Arabia. At the age of twenty Hamdi traveled for his first time to Afghanistan where he was working. Hamdi was later caught by the Afghan group "Northern Alliance" and was handed to the U.S. Hamdi was sent to Guantanamo Bay in Cuba because the United States thought that Yaser Esam Hamdi was part of a terrorist group also viewed as "an enemy combatant". After the U.S government found out that Yaser was actually an American citizen they transferred him to an American prison in Charleston South Carolina where Yaser was kept in solitary confinement where he had no right to attorney even though he was a United States citizen because again he was seen as an "enemy combatant" and he had no right to an attorney. Yaser's father believed other wise. In June 2002 Yaser's father came up with a petition for a "writ of Habeas corpus" that said "Yasers detention violated the Due...

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